The Spodek Law Group is a top rated DEA defense law firm. If you are facing any of the issues below, we can help.
DEA Registration Surrender
While the notion of surrendering your DEA registration, voluntarily, might seem like a crazy though – many healthcare providers do it. The voluntary surrender happens after a DEA inspection/interview/raid. Healthcare providers get scared, and fear additional consequences – and voluntarily sign away their DEA registration. They are told that they can voluntarily surrender their registration, in lieu of additional actions being taken. If you do this – you could be signing away your career.
Voluntary surrender of DEA registration has negative impacts. The healthcare legal attorneys at the Spodek Law Group can help you. We have over 50 years of combined experience handling tough legal issues nationwide.
Why you shouldn’t voluntarily surrender your DEA registration
We believe that voluntarily surrendering your DEA registration is one of the worst things you can do. Even if the short term consequences seem fine – the long term consequences can be heavy. Below are some reasons why you shouldn’t surrender your DEA registration:
When can your DEA registration be suspended or revoked
Suspension, or revocation, of your DEA registration can happen if the government can prove any of the following items below:
Delays in DEA Adjudication
Before your DEA registration can be revoked, the registrant must be given a show cause order. This gives the registrant an opportunity to explain why the registration should not be suspended/revoked/denied. In an emergency situation where public safety is at risk, a show cause order can be issued at the same as your DEA registration’s revocation/suspension/denial. The registrant has 30 days to respond to the show cause order, and is granted a hearing. Voluntarily surrendering your DEA registration waives all your rights to a hearing, and it also requires you to reapply for DEA registration once all the proceedings are done. This can take years.
The OIG has found that adjudication can take more than one year. This is a very lengthy process. It can benefit you – since you can continue to practice while the matter keeps dragging on. If you surrender your DEA registration, the extensive timeline can work against you — making it so you cannot practice until the matter is resolved. When you are faced with the decision to voluntarily surrender your registration without a hearing/immediate suspension – requesting a hearing is always the best choice. Not only does the practitioner have a chance of getting a favorable outcome at the administrative hearing – there is always a chance the DEA will end up not filing an immediate suspension order.
It’s important to remember that voluntarily surrendering your DEA registration means you will need to request registration reinstatement before you resume your practice. Delays in the adjudication process can impact the amount of time it takes to return to practice after completing your pending civil, criminal, or administrative matter.
Administrative actions that are triggered by a DEA surrender
Every state has its own laws regarding prescription of controlled substances. Most states require a license to prescribe controlled substances. If you voluntarily surrender your DEA registration, the state can also take action to suspend, limit, or revoke, your state license as well. Voluntarily surrendering your DEA registration can result in a domino effect. It results in administrative actions, state sanctions, and legal expenses. Voluntarily surrendering your DEA registration can trigger mandatory reporting requirements to credentialed bodies and insurers – which can result in loss of privileges and more.
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